Expert Analysis

• Investment Advisers Should Stay Apprised Of New AI Risks

  

  The U.S. Securities and Exchange Commission's recently issued annual examination priorities reiterate a host of regulatory implications for investment advisers using artificial intelligence tools, highlighting that meaningful ongoing due diligence can help mitigate both operational and regulatory surprises amid AI's rapid evolution, says Christopher Mills at Sidley.

• Netflix Caps 2025 M&A Deals That Will Test Antitrust Strategy

  

  The 2025 media consolidation trend culminated in Netflix's $82.7 billion Warner Bros. Discovery announcement, but the Antitrust Division of the U.S. Department of Justice is likely to question whether remedies short of blocking the deal could credibly preserve competition, says Brian Pandya at Duane Morris.

• AG Watch: Texas Junk Fee Deal Shows Enforcement Priorities

  

  Texas Attorney General Ken Paxton's recent $9.5 million settlement with online travel agency website Booking Holdings for so-called junk fee practices follows a larger trend of state attorneys general who have taken similar action and demonstrates the significant penalties that can follow such allegations, say attorneys at Kelley Drye.

• The AI Arbitrator: What It Is, What It Isn't And Where It's Going

  

  Though not a silver bullet, the American Arbitration Association-International Centre for Dispute Resolution's recently launched artificial intelligence arbitrator for construction disputes offers a pragmatic template that heralds several near-term shifts in the use of generative AI in arbitration, say attorneys at Troutman.

• A Look At The Wave Of 2025 Email Marketing Suits In Wash.

  

  Since the Washington Supreme Court's ruling in Brown v. Old Navy in April, more than 30 lawsuits have alleged that a broad range of retailers across industries sent emails that violate the Washington Commercial Electronic Mail Act, but retailers are unlikely to find clear answers yet, says Gonzalo Mon at Kelley Drye.

• Riding The Changing Winds For AI Innovations At The USPTO

  

  As recent U.S. Patent and Trademark Office moves reshape how artificial intelligence inventions will be examined and put them on firmer eligibility footing, practitioners need to consider how this shift is both an opportunity and a challenge, say Ryan Phelan at Marshall Gerstein and attorney Mark Campagna.

• Series

  The Law Firm Merger Diaries: Integrating Practice Groups

  

  Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.

• The Tricky Issues Underscoring Prediction Market Regulation

  

  Prediction markets are not merely testing the boundaries of commodities law — they are challenging the conventional divisions between gambling regulation and financial market oversight, and in doing so, may reshape both, says Braeden Anderson at Gesmer Updegrove.

• Opinion

  Supreme Court Term Limits Would Carry Hidden Risk

  

  While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

• Navigating A Sea Change In Rent Algorithm Regulation

  

  The U.S. Department of Justice's proposed settlement of the RealPage lawsuit represents a pivotal moment in the regulation of algorithmic rent-setting, restraining use of these tools amid a growing trend of regulatory limits on use of algorithmic data and methodologies in establishing housing rental prices. say attorneys at Wilson Elser.

• Next Steps For Orgs. Amid Updated OpenAI Usage Policies

  

  OpenAI's updates to its usage policies, clarifying that its tools are not substitutes for professional medical, legal or other regulated advice, sends a clear signal that organizations should mirror this clarity in their governance policies to mitigate compliance and liability exposure, say attorneys at Baker Donelson.

• Autonomous Vehicle Liability Trends To Watch In 2026

  

  With autonomous vehicles increasingly making their own decisions, the liability landscape for AVs has changed over the past year — highlighting a number of important issues that companies and practitioners should keep a close eye on in 2026, says Farid Yaghoubtil at Downtown LA Law Group.

• Key Crypto Class Action Trends And Rulings In 2025

  

  As the law continued to take shape in the growing area of crypto-assets, this year saw a jump in crypto class action litigation, including noteworthy decisions on motions to compel arbitration and class certification, according to Justin Donoho at Duane Morris.

• Tips For Drafting, Negotiating Quantum Service Agreements

  

  Due to the experimental and volatile nature of quantum computing technology — at least initially — lawyers and legal practitioners should consider a few risks when drafting or negotiating a quantum-as-a-service agreement, including if the underlying hardware design is faulty or not appropriate for maintenance, say attorneys at Covington.

• Calling The AI Witness In 2026's Merger Reviews

  

  Organizations that anticipate facing a second request or merger clearance review in 2026 should collect artificial intelligence artifacts as part of discovery, and distinguish between human-generated and machine-generated materials, says Sean McDermott at FTI Consulting.